Dec 7, 2012 5:00pm PST
it's going to play out the doma case prop 8 case how two different cases how do you think doma case. >> doma case involves whether someone who had lived with domestic partner for 45 years should have to pay estate taxes where if they lived as husband and wife she would not have to pay estate taxes and prop 8 involves whether or not gay marriage is simply legal. i think what we are seeing here they only need four justices to decide whether to take the issue. i think there is a little bit of politics there because if obama appoints more justices, they are not going to have to get the issue before the court. i think expect that the court going to say that gay marriage is legal just as they said you couldn't ban racially mixed racial marriages and things of that sort. you know, husband and wife, man and woman does not appear in the constitution. it's more a policy or religious decision than a legal decision. legally i don't think they can ban it. >> laura: i clerked at the court quite a few years ago now back in 1993. but predicting what the court is going to do is always quite difficul
Dec 8, 2012 11:00am PST
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
Dec 7, 2012 9:00am PST
early next year. in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one.